New York RAT Code § 20

Board of transportation to determine necessity for railroads; routes; plan; consents; streets excepted
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§ 20. Board of transportation to determine necessity for railroads;\nroutes; plan; consents; streets excepted.  a. The board of\ntransportation upon its own motion may proceed, from time to time, to\nconsider and determine whether it is for the interest of the public and\nthe city that a railroad should be established therein, or whether it is\nfor the interest of the public and such city that any railroad which is\nto be or is owned by such city by virtue of the provisions of this\nchapter or any other law, should be extended beyond its previously\nestablished routes, or that any such routes should be modified or\nchanged, or that any of such previously established methods of\ntransportation should be replaced by other more convenient and\nserviceable methods. Upon the request in writing of the board of\nestimate at any time, such board of transportation shall proceed\nforthwith to consider and determine such questions, and in each case\nsuch board of transportation shall conduct such an inquest and\ninvestigation as may be deemed necessary in the premises. If, after any\nsuch consideration and inquest, such board of transportation shall\ndetermine that a railroad, in addition to any already existing,\nauthorized or proposed, or any extension, modification or change of the\nroute or method of transportation of any previously established railroad\nthat may be or is owned by such city by virtue of the provisions of any\nlaw, are necessary for the interest of the public and such city, it\nshall proceed to determine and establish the route thereof and the\ngeneral plan of construction. Such general plan shall show the general\nmode of operation and contain such details as to manner of construction\nas may be necessary to show the extent to which any street is to be\nencroached upon and the property abutting thereon affected. Such board\nof transportation, from time to time, may locate the route of such\nrailroad over, upon, under, through and across any streets, including\nblocks between streets, or partly over, under, upon, through and across\nany streets and partly through blocks between streets. The consent of\nthe owners of one-half or more in value of the property bounded on and\nthe consent also of the board of estimate shall be first obtained, or in\ncase the consent of such property owners cannot be obtained, the\ndetermination of the appellate division of the supreme court, given\nafter due hearing of all parties interested, shall be taken in lieu of\nthe consent of such property owners as provided in section twenty-one of\nthis chapter.\n  b. No public park nor any lands or places, lawfully set apart for, or\noccupied by, any public building of any city or county, or of the state,\nor of the United States, nor those portions of Grand, Classon, Franklin,\nBedford avenues and Downing street in the borough of Brooklyn, city of\nNew York, lying between the southerly line of Lexington avenue and\nnortherly line of Atlantic avenue, nor that portion of the borough of\nBrooklyn lying between and circumscribed by such avenues and streets\nexclusive of that portion of the streets in the foregoing territory upon\nor through which elevated railroads were in operation on the\nthirty-first day of January, eighteen hundred ninety-one; nor that\nportion of Classon avenue in such borough lying between the northerly\nline of Lexington avenue and southerly line of Park avenue, nor that\nportion of Washington avenue in such borough lying between Park and\nAtlantic avenues, nor that portion of Nostrand avenue in such borough\nlying northerly of the northerly line of Eastern parkway, nor Debevoise\nplace, Irving place and Lefferts place, Lee avenue, Waverly avenue, St.\nJames place, Cambridge place, Vanderbilt avenue and Clinton avenue in\nsuch borough of Brooklyn, nor that portion of the city of Buffalo lying\nbetween Michigan and Main streets, nor any part of Fifth avenue, in the\nborough of Manhattan, city of New York, nor that portion of

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